Robb and WILLIAMS

Case

[2009] FamCA 967

1 October 2009


Details
AGLC Case Decision Date
Robb and WILLIAMS [2009] FamCA 967 [2009] FamCA 967 1 October 2009

CaseChat Overview and Summary

In the matter of *Robb and Williams*, Dawe J of the Supreme Court of South Australia considered a dispute between the parties concerning the sale of a property. The court's orders indicate that the core of the disagreement involved the appointment of a real estate agent to facilitate the sale.

The primary legal issue before the court was how to resolve the impasse between the parties regarding the selection of an agent to sell the K Street property. This required the court to determine a mechanism for appointing an agent if the parties could not reach an agreement themselves within a specified timeframe following the expiration of an existing agency appointment.

Dawe J's reasoning, as reflected in the orders, was to establish a clear process for the sale of the property. The court directed that evidence-in-chief be presented by way of affidavit, with supporting documents annexed, to be filed and served by a specified date. Furthermore, the court outlined a procedure for the appointment of a real estate agent: if the parties failed to agree on an agent within seven days of the current agent's appointment expiring, the President of the South Australian Real Estate Institute would be empowered to make the appointment. The matter was adjourned to the Short Trial List for oral evidence.
Details

Areas of Law

  • Civil Procedure

  • Property Law

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Jurisdiction

  • Remedies

  • Stay of Proceedings

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